WVC 18 B- 1 - 3
§18B-1-3. Transfer of powers, duties, property, obligations, etc.
(a) All powers, duties and authorities transferred to the
Board of Regents pursuant to former provisions of chapter eighteen
of this code and transferred to the Board of Trustees and Board of
Directors which were created as the governing boards pursuant to
the former provisions of this chapter and all powers, duties and
authorities of the Board of Trustees and Board of Directors, to the
extent they are in effect on the seventeenth day of June, two
thousand, are hereby transferred to the Interim Governing Board
created in article one-c of this chapter and shall be exercised and
performed by the Interim Governing Board until the first day of
July, two thousand one, as such powers, duties and authorities may
apply to the institutions under its jurisdiction.

(b) Title to all property previously transferred to or vested
in the Board of Trustees and the Board of Directors and property
vested in either of the Boards separately, formerly existing under
the provisions of this chapter, are hereby transferred to the
Interim Governing Board created in article one-c of this chapter
until the first day of July, two thousand one. Property
transferred to or vested in the Board of Trustees and Board of
Directors shall include:

(1) All property vested in the Board of Governors of West
Virginia University and transferred to and vested in the West
Virginia Board of Regents;

(2) All property acquired in the name of the State Board of Control or the West Virginia Board of Education and used by or for
the state colleges and universities and transferred to and vested
in the West Virginia Board of Regents;

(3) All property acquired in the name of the State Commission
on Higher Education and transferred to and vested in the West
Virginia Board of Regents; and

(4) All property acquired in the name of the Board of Regents
and transferred to and vested in the respective Board of Trustees
and Board of Directors.

(c) Each valid agreement and obligation previously transferred
to or vested in the Board of Trustees and Board of Directors
formerly existing under the provisions of this chapter is hereby
transferred to the Interim Governing Board until the first day of
July, two thousand one, as those agreements and obligations may
apply to the institutions under its jurisdiction. Valid agreements
and obligations transferred to the Board of Trustees and Board of
Directors shall include:

(1) Each valid agreement and obligation of the Board of
Governors of West Virginia University transferred to and deemed the
agreement and obligation of the West Virginia Board of Regents;

(2) Each valid agreement and obligation of the State Board of
Education with respect to the state colleges and universities
transferred to and deemed the agreement and obligation of the West
Virginia Board of Regents;

(3) Each valid agreement and obligation of the State Commission on Higher Education transferred to and deemed the
agreement and obligation of the West Virginia Board of Regents; and

(4) Each valid agreement and obligation of the Board of
Regents transferred to and deemed the agreement and obligation of
the respective Board of Trustees and Board of Directors.

(d) All orders, resolutions and rules adopted or promulgated
by the respective Board of Trustees and Board of Directors and in
effect immediately prior to the first day of July, two thousand,
are hereby transferred to the Interim Governing Board until the
first day of July, two thousand one, and shall continue in effect
and shall be deemed the orders, resolutions and rules of the
Interim Governing Board until rescinded, revised, altered or
amended by the Commission or the governing boards in the manner and
to the extent authorized and permitted by law. Such orders,
resolutions and rules shall include:

(1) Those adopted or promulgated by the Board of Governors of
West Virginia University and in effect immediately prior to the
first day of July, one thousand nine hundred sixty-nine, unless and
until rescinded, revised, altered or amended by the Board of
Regents in the manner and to the extent authorized and permitted by
law;

(2) Those respecting state colleges and universities adopted
or promulgated by the West Virginia Board of Education and in
effect immediately prior to the first day of July, one thousand
nine hundred sixty-nine, unless and until rescinded, revised, altered or amended by the Board of Regents in the manner and to the
extent authorized and permitted by law;

(3) Those adopted or promulgated by the State Commission on
Higher Education and in effect immediately prior to the first day
of July, one thousand nine hundred sixty-nine, unless and until
rescinded, revised, altered or amended by the Board of Regents in
the manner and to the extent authorized and permitted by law; and

(4) Those adopted or promulgated by the Board of Regents prior
to the first day of July, one thousand nine hundred eighty-nine,
unless and until rescinded, revised, altered or amended by the
respective Board of Trustees or Board of Directors in the manner
and to the extent authorized and permitted by law.

(e) Title to all real property transferred to or vested in the
Interim Governing Board pursuant to this section of the code is
hereby transferred to the Commission effective the first day of
July, two thousand one. The board of governors for each
institution may request that the Commission transfer title to the
board of governors of any real property specifically identifiable
with that institution or the Commission may initiate the transfer.
Any such request must be made within two years of the effective
date of this section and be accompanied by an adequate legal
description of the property. In the case of real property that is
specifically identifiable with Marshall University or West Virginia
University, the Commission shall transfer title to all real
property, except real property that is used jointly by institutions or for statewide programs under the jurisdiction of the Commission
or the Council, to the Board of Governors of Marshall University or
West Virginia University, as appropriate, upon receipt of a request
from the appropriate governing board accompanied by an adequate
legal description of the property.

The title to any real property that is jointly utilized by
institutions or for statewide programs under the jurisdiction of
the Commission or the Council shall be retained by the Commission.

(f) Ownership of or title to any other property, materials,
equipment or supplies obtained or purchased by the Interim
Governing Board or the previous governing boards on behalf of an
institution is hereby transferred to the board of governors of that
institution effective the first day of July, two thousand one.

(g) Each valid agreement and obligation previously transferred
or vested in the Interim Governing Board and which was undertaken
or agreed to on behalf of an institution or institutions is hereby
transferred to the board of governors of the institution or
institutions for whose benefit the agreement was entered into or
the obligation undertaken effective the first day of July, two
thousand one.

(1) The obligations contained in revenue bonds issued by the
previous governing boards under the provisions of section eight,
article ten of this chapter and article twelve-b, chapter eighteen
of this code are hereby transferred to the Commission and each
institution shall transfer to the Commission those funds the Commission determines are necessary to pay that institution's share
of bonded indebtedness.

(2) The obligations contained in revenue bonds issued on
behalf of a state institution of higher education pursuant to any
other section of this code is hereby transferred to the board of
governors of the institution on whose behalf the bonds were issued.

(h) All orders, resolutions, policies and rules:

(1) Adopted or promulgated by the respective Board of
Trustees, Board of Directors or Interim Governing Board and in
effect immediately prior to the first day of July, two thousand
one, are hereby transferred to the Commission effective the first
day of July, two thousand one, and continue in effect until
rescinded, revised, altered, amended or transferred to the
governing boards by the Commission as provided in this section and
in section six of this article.

(2) Adopted or promulgated by the Commission relating solely
to community and technical colleges or community and technical
college education, or rules which the Council finds necessary for
the exercise of its lawful powers and duties pursuant to the
provisions of this chapter, may be adopted by the Council and
continue in effect until rescinded, revised, altered, amended or
transferred to the governing boards under the jurisdiction of the
Council pursuant to section six of this article. Nothing in this
section requires the initial rules of the Commission that are
adopted by the Council to be promulgated again under the procedure set forth in article three-a, chapter twenty-nine-a of this code
unless such rules are rescinded, revised, altered or amended.

(3) Adopted or promulgated by the Commission relating to
multiple types of public institutions of higher education or
community and technical college education as well as baccalaureate
and post-baccalaureate education are transferred to the Council in
part as follows:

(A) That portion of the rule relating solely to community and
technical colleges or community and technical college education is
transferred to the Council and continues in effect until rescinded,
revised, altered, amended or transferred to the governing boards by
the Council as provided in this section and in section six of this
article;

(B) That portion of the rule relating to institutions or
education other than community and technical colleges is retained
by the Commission and continues in effect until rescinded, revised,
altered, amended or transferred to the governing boards by the
Commission as provided in this section and in section six of this
article.

(i) The Commission may, in its sole discretion, transfer any
rule, other than a legislative rule, to the jurisdiction of the
governing boards of the institutions under its jurisdiction who may
rescind, revise, alter or amend any rule so transferred pursuant to
rules adopted by the Commission pursuant to section six of this
article.

The Council may, in its sole discretion, transfer any rule,
other than a legislative rule, to the jurisdiction of the governing
boards of the institutions under its jurisdiction who may rescind,
revise, alter or amend any rule so transferred pursuant to rules
adopted by the Council pursuant to section six of this article.

(j) As to any title, agreement, obligation, order, resolution,
rule or any other matter about which there is some uncertainty,
misunderstanding or question, the matter shall be summarized in
writing and sent to the Commission which shall make a determination
regarding such matter within thirty days of receipt thereof.

(k) Rules or provisions of law which refer to other provisions
of law which were repealed, rendered inoperative or superseded by
the provisions of this section shall remain in full force and
effect to such extent as may still be applicable to higher
education and may be so interpreted. Such references include, but
are not limited to, references to sections and prior enactments of
article twenty-six, chapter eighteen of this code and code
provisions relating to retirement, health insurance, grievance
procedures, purchasing, student loans and savings plans. Any
determination which needs to be made regarding applicability of any
provision of law shall first be made by the Commission.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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